Bill Text: NY A04465 | 2021-2022 | General Assembly | Introduced

New York Assembly Bill 4465 (Prior Session Legislation)

Introduced

Bill Title: Relates to representation in certain real property actions.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2022-01-05 - referred to judiciary [A04465 Detail]

Download: New_York-2021-A04465-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          4465

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 4, 2021
                                       ___________

        Introduced  by M. of A. WALKER, FRONTUS, REYES -- read once and referred
          to the Committee on Judiciary

        AN ACT to amend the real property actions and proceedings  law  and  the
          county  law,  in  relation  to  representation  of  certain persons in
          certain real property actions

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. The real property actions and proceedings law is amended by
     2  adding a new section 722 to read as follows:
     3    §  722.  Assignment  of counsel. A homeowner in a real property action
     4  who is financially unable to obtain counsel for representation  in  such
     5  action  shall have a right to assigned counsel by the court.  Assignment
     6  of counsel issued under this section shall be implemented as provided in
     7  article eighteen-B of the county law.
     8    § 2. The article heading of article 18-B of the county law, as amended
     9  by chapter 682 of the laws of 1977, is amended to read as follows:
    10       REPRESENTATION OF PERSONS ACCUSED OF CRIME OR PARTIES BEFORE THE
    11        FAMILY COURT OR SURROGATE'S COURT OR IN CERTAIN REAL PROPERTY
    12                                   ACTIONS
    13    § 3. The opening paragraph of  section  722  of  the  county  law,  as
    14  amended by chapter 7 of the laws of 2007, is amended to read as follows:
    15    The  governing  body of each county and the governing body of the city
    16  in which a county is wholly contained shall place in operation  through-
    17  out  the  county  a plan for providing counsel to persons charged with a
    18  crime or who are entitled to counsel pursuant  to  section  two  hundred
    19  sixty-two  or  section  eleven  hundred  twenty of the family court act,
    20  article six-C of the correction law, section four hundred seven  of  the
    21  surrogate's  court procedure act [or], article ten of the mental hygiene
    22  law or section seven hundred twenty-two of the real property actions and
    23  proceedings law, who are financially unable to obtain counsel. Each plan
    24  shall also provide for investigative, expert and other  services  neces-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07882-01-1

        A. 4465                             2

     1  sary  for  an  adequate  defense.  The  plan shall conform to one of the
     2  following:
     3    §  4. This act shall take effect on the first of January next succeed-
     4  ing the date on which it shall have become a law.